


PUBLIC SCHOOL LAW 






NORTH CAROLINA, 



CHAPTER 15 OF THE CODE. AS AMENDED BY LAWS OF 1885, 

THE GENERAL ASSEMBLY OF 1887 HAVING 

MADE NO AMENDMENTS. 



ISSUED IN PURSUANCE OF LAW 

BY THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



RALEIGH ; 
josEPHUS Daniels, State Printer and Binder. 

Presses of Edwards, Broughton & Co. 
1887. 



In Exchange 
Univ. of North Carolina 
MAR 1 5 1935 



ft 1 



\' 



INDEX 



Apportionments, how and when made, sections 3551, 2553. 
Committees to contract with private school, section 3591. 
Committees to deliver deeds to Treasurer, section 2584. 
Committees to receive deeds of sites for school-houses, proceedin^v fc 

condemn sites, sections 3582, 2583. 
Committees to employ and dismiss teachers, section 2580. 
Committees to take census, section 2579. 
Committees to organize, section 2577. 
Committees to be bodies corporate, section 2576. 
Committees, how elected, section 2553. 
Committees to take an oath, section 2576. 
County Board of Education, how elected, section 2545. 
County Board of Education, duties, sections 2546, 2547, 2569, 2570, 3571. 

2572 and 2574. 
County Institutes, sections 2567, 2568. 

County Superintendent of Public Instruction, how elected, section 3548. 
County Superintendent to be Secretary of County Board, section 2565, 
County Superintendent to report to State Superintendent, sections 357H. 

2574. 
County Superintendent, compensation of, section 2575. 
Districts, how laid off, sections 2549, 2550. 
Districts not to be changed without information, section 28. 
Examinations, how conducted, section 2566. 
Local Assessments — Appendix. 
Money to be expended, how, section 26. 
Pupil, dismissal of and punishment, section 2585. 
School fimds, section 2543, 2541. " . 

Sheriff to settle in money only, section 2563. 
Sheriff, form of receipts, section 2564. 

Sites, how received and how condemned, sections 2582, 3583. 
Tax levied by Assembly, section 2589. 
Tax levied by County Commissioners, section 2500. 
Teachers, how suspended, section 2569. 
Teachers, salary, section 2580. 

Teachers, to render statement to Committee, section 2581. 
Teachers, powers, dismissal of pupils, section 2585. 
Teachers to keep records and report to County Superintendent, section 

2586. 



Teachers of any scliool using public funds to report, section 24. 

Text'-Books, section 2539 and Appendix. 

Treasui-ers' duties, sections 2556, 2557, 2559, 2560, 2561. 

Treasurers' bond, section 2554. 

Treasurers, orders on, section 2555. 

Ti-easiu-ers to report to County Board, section 2558. 

Treasui-ers to report to State Superintendent, section 2560. 

Treasurers, compensation of, section 2555. 

Treasurers' Kabilities, section 25*62. 

Treasurers to attend at Court House, section 25. 



PREFACE. 



Section 2540 of The Code requires the Superintendent of 
Public Instruction to " have the school laws published in 
pamphlet form and distributed on or before the first day of 
April of each year." As the Assembly meets only biennially, 
this edition will embody the law for two years. 

The General Assembly of 1887 having made no change, 
the law is republished with additional notes and instruc- 
tions. 

Chapter fifteen of The Code contained the Public School 
law in full, and in this edition it has been thought better 
to number the sections as they are numbered in The Code, 
embodying in them respectively the amendments made b,}^ 
the Assembly of 1885. 

For convenience of reference, the explanations and iristlftic- 
tions of the Superintendent of Public Instruction are placed 
in the form of foot-notes on the same pages containing the 
corresponding sections of the law. 

S. M. FINGER, 
Superintendent of Puhiic Instruction. 

Raleigh, N. C, April 1„ 1887, 



PUBLIC SCHOOL LAW 

OF 

NORTH CAROLINA 



FROM THE CODE AS AMENDED BY LAWS OF 1S85, THE 

ASSEMBLY OF 1887 HAYING MADE NO 

■ AMENDMENTS. 



WITH NOTES AND INSTRUCTIONS BY THE SUPERINTEN- 
DENT OF PUBLIC INSTRUCTION. 



Sec. 2535. Apportionment of school fund. 

The state board of education shall, on the first Monday in 
August of each and every year, apportion among the several 
counties of the state all the school funds which may be then 
in the treasury of the said board, and order a warrant for the 
full apportionment to each county, which said apportion- 
ment shall be made on the basis of the school population. 

Sec. 2536. Auditor to keep separate account of public scJiool' 
fund. 

The state auditor shall keep a separate and distinct account 
of the public school funds, and of the interest and income 
thereof, and also of such moneys as may be raised by state, 
county and capitation tax, or otherwise, for school purposes. 

Sec. 2537. When and how ivarrant issued for school fund due 
any county. 

Upon the receipt of the requisition of the treasurer of any- 
county, duly approved by the chairman and secretary of the 
county board of education, for the school fund which may 
have been apportioned to said county, the state board of ed- 



ucation shall issue its warrant on the state auditor for the 
sum due said county ; whereupon the said auditor shall draw 
his warrant on the treasurer of the state board of education 
in favor of such county treasurer for the amount set forth in 
the warrant of the said state board. 

Sec. 2538. State treasurer to hold school funds as a special de- 
posit ; when and hoiv paid oid. 

The state treasurer shall receive and hold as a special de- 
posit all school funds paid into the t/easury, and pay them 
-out only on the warrant of the state auditor, issued on the 
order of the state board of education in favor of a county 
treasurer, duly indorsed by the county treasurer in whose 
favor it is drawn, and it shall be the only valid voucher in 
the hands of the .state treasurer for the disbursement of 
school funds. 

Sec. 2539. Board to recommend text-books to he used in public 
schools; proviso. 
The state board of education shall recommend a series of 
text-books to be used in the public schools for a term of three 
years, and until otherwise ordered: Provided, the county 
board of education shall take care that changes from books 
now in use to those recommended, do not work great incon- 
venience or expense to parents, guardians or pupils : Provided 
further, no sectarian or political books shall be used in the 
public schools : Provided also, the prices of the books recom- 
mended be fixed by the state board of education for the 
whole term for which they shall be used. 

Note. — See appendix for information and instructions on this sub- 
ject. 

Sec. 2540. Duties of superintendent of public instruction. 

The superintendent of public instruction shall have the 
: school laws published in pamphlet form and distributed on 
> or before the first day of April of each year ; shall have 



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printed all the forms necessary and proper for the purposes 
of this chapter, and shall look after the school interest of 
the state, and report biennially to the governor, at least five 
days previous to each regular session of the general assem- 
bly, which report shall give information and statistics of the 
public schools, and recommend such improvement in the 
school law as may occur to him. He shall keep his office at 
the seat of government, and shall sign all requisitions on the 
auditor for the payment of money out of the state treasury 
for school purposes. Copies of his acts and decisions, and of 
all papers kept in his office and authenticated by his signa- 
ture and official seal, shall be of the same force and validity 
as the original. He shall be furnished with such room, fuel 
and stationery as shall be necessary for the efficient discharge 
of the duties of his office. 

Sec. 2541. Duty of superintendent to direct operations of sys- 
tem of public schools, &c. 
The superintendent of public instruction shall direct ttie 
operations of the system of public schools and enforce the 
laws and regulations in relation thereto. It shall be his duty 
to correspond with leading educators in other states, and to 
investigate the systems of public schools established in other 
states, and, as far as practicable, render the results of educa- 
tional efforts and experiences available for the information 
and aid of the legislature and state board of education. 

Sec. 2542. {As amended by the Laws of 1885.) Duty of super- 
intendent to learn and supply educational wants, &c. ; ex- 
penses allowed, not exceeding seven hundred and fifty dollars 
per annum,. 

It shall be the duty of the superintendent of public in- 
struction to acquaint himself with the peculiar educational 
wants of the several sections of the state, and he shall take 
all proper means to supply said wants, by counseling with 
county boards of education and county superintendents, by 



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lectures before teachers' institutes, and by addresses to pub- 
lic assemblies on subjects relating to public schools and pub- 
lic school work, and shall be allowed his additional expenses 
while engaged in this duty, not to exceed the sum of seven 
hundred and fifty dollars per annum. 

Sec. 2543. Funds apjjropriated for establishing and maintaimng 
system of free schools to be paid into state treasury. 
The proceeds of all lands that have been or may hereafter 
be granted by the United States to this state, and not other- 
wise appropriated by this state or the United States, also all 
moneys, stocks, bonds and any other property now belonging 
to any state fund, for the purposes of education, also the net 
proceeds of sales of swamp lands belonging to the state, and 
all other grants, gifts or devises that have been made or here- 
after may be made to this state, and not otherwise appropri- 
ated by this state or by the terms of the grant, gift or devise, 
shall be paid into the state treasury, and, together with so 
much of the ordinary revenue of the state as may be set 
apart for that purpose, shall be faithfully appropriated for 
establishing and maintaining a system of free public schools^ 
as established in pursuance of the constitution. 

Sec. 2544. Funds so ap)propriated to be paid into county school 
fund. 
All moneys, stocks, bonds and other property belonging to 
a county school fund, also the net proceeds from sales of es- 
trays, also the clear proceeds of all penalties and forfeitures, 
and of all fines collected in the several counties for any breach 
of the penal or military laws of the state ; and all moneys 
which shall be paid by persons as equivalent for exemption 
from military duties ; also the net proceeds of any tax im- 
posed on licenses to retailers of wines, cordials or spirituous 
liquors and to auctioneers, shall belong to and remain in the 
several counties and shall be faithfully appropriated for es- 
tablishing and maintaining free public schools in the several 



11 

counties as establislied in pursuance of the constitution:: Pro- 
vided, the amount collected in each county shall be reported 
.annually to the state superintendent of public instruction. 

Note. — Special attention is called to sections 724, 725, 726, 727- 
728, 764, 906 and 3678 of The Code. Treasm-ers and County Boards of 
education will use all proper means to see that the full amount of fines, 
forfeitures and penalties and the liquor tax due, shall go to the school 
fund. Their attention is also directed to the constitution, aa-ticle nine, 
section five, and to revenue (sections 31, 43 and 44,) and machinery acts 
of one thousand eight hundred and eighty-seven, for directions in car- 
rying out the provisions of this section, 

A large amount of school money is derived from fines, forfeitures and 
penalties, and ixova. taxes on the licenses for the sale of liquors. I am 
satisfied that a still larger amount may be obtained from these sources 
by a strict enforcement of the law. 

All forfeited recognizances belong to the school fund, and school offi- 
.cers should see that they are collected. 

Sec. 1225 of The Code makes it the duiy of the solicitor, under the di- 
rection of the court, to prosecute to collection, any forfeited recogni- 
sance under a peace warrant. The board of education shou] d employ 
the solicitor, or .any attorney, to collect other forfeited recognizances, 
paying him a reasonable fee out of the money he collects. 

.Sec. 2545. {As amended by the Laws of 1885.) Comity board 
of educoiion; officers. 

The justices of the peace and the county commissioners of 
€ach county^ at their next regular joint session as provided 
by law, and biennially thereafter at such regular joint ses- 
sion, shall elect a county board, of education to consist of three 
residents of their county, who shall be men of good moral 
character^ and who shall be qualified by education and ex- 
perience and interest to speckdly further the public educa- 
tional interests of their county. They shall file with the 
county commissioners an oath to faithfully discharge the 
duties of their office. Those first elected shall file such oath 
on the first Monday of th« month next succeeding their elec- 
tion, and shall hold their office until the first Monday in De- 
cember, eighteen hundred and eighty-seven, and until their 
successors xire elected and qualified. Frojn and after the 



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said first Monday in December, one thousand eight hundred 
and eighty-seven, the regular term of office shall be two 
years.. They shall elect one of their number chairman, and 
the county superintendent of public instruction shall be sec- 
retary, and the county treasurer shall be treasurer of said 
board. The secretary shall record all the proceedings of the 
board in books to be suj)plied by the state superintendent of 
public instruction. A majority of the board shall constitute 
a quorum for the transaction of business. The compensa- 
tion of each member of the board shall be not exceeding two 
dollars per day and the mileage allowed to county commis- 
sioners. The county commissioners shall provide a suitable 
office for said board at the county seat Any vacancies in 
the board shall be filled by the county commissioners. 

Note. — It will be seen by reference to section 717 of The Code, 
that the justices of the peace and the county commissioners are required 
to hold a joint meeting on the first Monday in June of every year. In 
June, 1887, at this joint meeting, and every two years, thereafter, the 
justices and the commissioners are required to elect a county board of 
education. Too much importance cannot well be attached to this elec- 
tion. Upon a judicious selection of competent men will depend the 
welfare of the educational interest of the county. The law gives them 
large discretion in the management of the funds and school matters gen- 
erally, and therefore an earnest appeal is made to the joint boards to se- 
lect men of wisdom, and men who are specially friendly to the public 
school interests. The policy of the law as amended by the Assembly of 
1885, and now in force, contemplates vesting in the respective counties 
more authority in the management of school affairs than has heretofore 
obtained. Counties tliat use this authority wisely will rapidly advance 
their educational interests, and an efficient county board of education 
is of first importance, the chairman of which should reside at the county 
seat, and must be competent to act as county supermtendent in case of 
a vacancy in that office. 

Sec. 2546. {As amended by the Laws of 1885.) Duties of county 

hoard of education. 

The county board of education shall be charged with the 

general management of the public schools in their respective 

counties, shall decide all controversies and questions relating 



13 



to the boundaries of school districts and to the location of 
school-houses, or which may arise upon the construction of 
the school law, and shall see that the school law is enforced, 
and the county board shall obey the instructions of the state 
superintendent and accept his construction of the school law. 

Note. — ^The language of this section gives to county boards a wide 
range of powers and duties. It is earnestly urged that they be so exer- 
cised as to accomplish the greatest good to the school system possible, 
and that the county superintendents, as executive officers of the school 
system of their respective counties, will be kept as fully employed as 
possible in visitation and minute supervision of the schools, in the or- 
ganization and improvement of the teachers, and in all other work con- 
ducive to the progress of the schools, and to the cultivation of a spirit 
of progressive education among the whole people. In the settlement of 
the '• questions and controversies" mentioned in this section, there is 
room for the exercise of the highest wisdom, that the interest of the 
public schools may not suffer by reason of neighborhood quarrels, which 
always result in. harm to all pubhc interests, especially to those, of the 
schools. 

Sec. 2547. {As amended by the Laws of 1885.) Meetings ; pro- 
viso ; books of county treasurer to be examined, &c. 

The county board of education of each county shall hold 
four regular meetings every year, namely : on the first Mon- 
days of January, June, September and December, for the 
purpose of looking after the interests of the public schools. 
Provided, the chairman may call a meeting of the board at 
anytime. At each regular meeting it shall be the duty of 
the board to examine the books and vouchers of the county 
treasurer and to audit his accounts. 

ISToTE. — The chief complaint urged against separate boards of ed- 
ucation is the actual or supposed extra expense. In most counties, dur- 
ing the last two years, they very much furthered the school interests, 
and the expenses were very small, aggregating in the state less than one 
per cent, of the disbursements. In a few counties they were more than 
this. 

The state superintendent desires to thank the boards for their efficient 
management, and to ask them to make the expenses as small as may be 
consistent with a proper discharge of their duties. 



14 



Sec. 2548. {As amended by the Laws of 1&85.) County super- 
intendent of p>ublic instruction ; term of office ; election bi- 
ennial ; vacancies; secretary to rej^ort name, &c., to state su- 
perintendent; suspension and removed of cou'nly superintend- 
ent; powers of school committee. 
The county board of education, count)^ commissioners and 
the justices of tlie peace, in joint session on the day of the 
annual meeting of the justices in the year eighteen hundred 
and eighty-six, and biermiall}^ thereafter on ihQ day of such 
annual meeting, shall elect one resident of their county, who 
shall be county superintendent of public instruction. He 
shall be of good moral character, liberal education, and he 
shall otherwise be qualified to discharge the duties of the 
office as required by law, due regard being given to experi- 
ence in teaching. He shall hold office for the term of two 
years from and after the first Monday in December next after 
his election, and until his successor is elected and qualified, 
and shall file with the county commissioners an oath to faith- 
full}^ discharge the duties of his office. The county board 
of education and the count}^ commissioners in joint session 
may, for good cause, after thirty da3^s' notice, remove the 
county superintendent and elect his successor for the unex- 
pired term ; and, when a vacancy occurs in the office of 
county superintendent, by death or otherwise, the said joint 
boards, after due notice, shall fill the vacanc}^ for the unex- 
pired term, and the chairman of the county board of educa- 
tion shall, during such vacancy, or during the disability of 
the county superintendent, discharge the duties of his office. 
Immediately after the election of a count}^ superintendent, 
the secretary of the joint boards holding such election shall 
report to the state superintendent of public instruction the 
name and address of the person elected, and the person 
elected shall report to the state superintendent as soon as he 
shall have qualified, the date of such qualification. Provided^ 
that in all meetings of the joint boards herein provided for, 



15 

no man shall be entitled to more than one vote by reason of 
his being a member of more than one of said boards. 

Note. — The success of the pubhc schools in any county will greatly 
depend on the efficiency and activity of the county superintendent ; 
therefore the boards having in charge the election of this officer should 
use the utmost care in the selection of a man for the position. No man 
should be selected because he may be available or convenient. In case 
of a vacancy from any cause, the county board of education and the 
county commissioners should be called together at as early a day as pos- 
sible for the purpose of filling the vacancy. 

The next regular election will be held at the annual meeting, June, 
1888. 

Sec. 2549. ScJiool districts. 

The county board of education shall lay off their respect- 
ive counties into convenient school districts, consulting as 
far as practicable the convenience of the neighborhood. They 
shall designate the districts by number, as school district 
number one, school district number two, in the county of 



Sec. 2550. Convenience of residents to be consulted in formcdion 
of districts ; sejjarcde schools for the two races. 
The county board of education shall consult the conven- 
ience of the white residents in settling the boundaries of dis- 
tricts for the white schools, and of colored residents in set- 
tling boundaries for colored schools. The schools of the two 
races shall be separate ; the districts the same in territorial 
limit or not, according to the convenience of the parties con- 
cerned. In cases where there are two sets of districts in a 
county, they shall be designated as school district number 
one, two, three, &c., for white schools, or school district num- 
ber one, two, three, &c., for colored schools, in the county of 



16 



Sec. 2551. {As amended by Laws of 1885). County board of 
education to apportion county school fund among districts ; 
sums so apportioned subject to order of school committees. 

The county board of education of every county shall, on 
the first Monday of January of each year, apportion among 
the several districts of the county all school funds (except 
such as may be raised by the special tax provided for in sec- 
tion twenty-five hundred and ninety) in the following man- 
ner : first deduct an amount sufficient to defray the general 
school expenses of the county authorized by law ; then appor- 
tion two-thirds of the funds to the several districts in pro- 
portion to the Avdiole number of childen between the ages of 
six and twenty-one years ; and the remaining one-third shall 
be apportioned in such manner as to equalize school facilities 
to all the districts of the county, as far as may be practicable 
and just to all concerned, without discrimination in favor of 
or to the prejudice of either race. If the committee so de- 
termine, any unexpended balance of school money, now or 
hereafter remaining to the credit of a district, shall be re- 
turned to the general fund to be used for school purposes as 
provided in section twenty-five hundred and ninety of The 
Code. As far as practicable the county board shall require 
all the schools to be in session at the same time. As soon as 
the apportionment is made, the county board of education 
shall post a statement at the court house door, showing the 
amount apportioned to the several districts of the county ; 
and they shall also notify each committee of the amount ap- 
portioned to their district. The board shall also furnish the 
treasurer of the county board of education with a statement 
of the amounts apportioned to the several districts. 

Note. — This section enables the board to depart from the former 
requirement to apportion the funds according to the number of children 
of school age, which, in many instances, rendered it impossible to secure 
suitable schooling for four months to all the children of the state accord- 
ing to the constitutional requirement. Even with the discretion over 
one-third of the general fund as given by this section, and of the special 



17 



fund provided for in section 2590* it will still be impracticable absolutely 
to equalize school terras. Our interests are exceedingly diversified, the 
two races in some sections are very unequally distributed, and many 
districts are made too small in territory and in number of children— all 
of which must be taken into consideration by the county boards of ed- 
ucation. The boards are instructed to use their best discretion to carry 
out the spirit of the law, and to give to all the children of their respect- 
ive counties the very best possible facilities. No rule can be made which 
will be equitably applicable to all the counties, and so each board must 
act for itself, within the limits of the law. 

Although an apportionment is required to be made on the first day of 
January in each year, the revenue and machinery laws have been so 
changed as to require the school poll tax and school property tax to be 
borne in separate columns on the tax lists, whether levied by the assem- 
bly or by the commissioners, and it will be practicable for the county 
board of education, on the first Monday of September, to make an ap- 
portionment to the districts, based on the money then in the hands of 
the treasurer and the amount borne on the tax lists. 

If they deem it best to make an apportionment at that date they will 
deduct from the tax levy a sufficient amount to cover commissions of 
sheriff and treasurer, insolvents and other necessary expenses, and no- 
tify the committees that the amount apportioned will be subject to tlieir 
draft on December 31st, at which date the sheriff is required to pay over 
all school money. 

The annual apportionment, required to be made on the first Monday 
in January, will be supplemental to any apportionment which may be* 
made in September, and. will include only money then in the hands of 
the treasurer not apportioned in September, if any there be more than 
is necessary to cover expenses. 

Sec. 2552. Basis of annual apportionment of public school 
moneys. 
The annual apportionment of public school moneys shall 
4 be based upon the amounts actually received by the county 
treasurer from all sources and reported by him to the county 
board of education as required by this chapter. But a suffi- 
cient amount of money shall be left unapportioned to pay 
the general school expenses of the county authorized by this 
chapter. 

N0T3. — The general expenses authorized are : pay of county super- 
intendents, treasurer's commissions, mileage and pe?* diem of county 
boards, postage and stationery, fuel for ofifice of the board, and $100 for 
a county institute. 



18 



{As amended by Laws of 1885). School committee; 
their duties ; vacancies, &c. 

For each white and each colored school district there shall 
be elected biennially by the county board of education of 
the respective counties, on the first Monday in September, a 
school committee of three persons, whose term of service 
shall begin the first Monday of October following, and whose 
duties shall be as prescribed in this chapter. If a vacancy 
should at any time occur, it shall be the duty of the county 
board of education to appoint a suitable resident of the school 
district to fill such vacancy, and the person thus appointed 
shall exercise all the powers and duties of a school commit- 
teeman until his successor is elected and qualified. For suf- 
ficient cause, after thirty days' formal notice, the county board 
of education may remove a school committeeman and pro- 
ceed at once to fill the vacancy thus created. 

Note. — Select for school committeemen those who will give per- 
sonal attention to school interests in their districts. The election takes 
place biennially on the first Monday in September. County boards will 
note that the law requires three committeemen for each white, and three 
for each colored district. The committeemen for colored school dis- 
tricts need not necessarily be colored men ; where competent colored 
men cannot be had, experienced and competent white men should be 
selected. The same persons may be appointed committeemen for a white 
and for a colored district. It is specially recommended that the com- 
mittees appoint a day, previous to the first Monday in September of the 
year in which the new committees are to be ajDpointed, and invite the 
patrons of the district school to meet at the school-house for the pur- 
pose of recommending persons to be appointed committeemen, whose 
names sliall be reported by the committee to the county board of edu- 
cation on the said first Monday in September. The persons thus recom- 
mended should attend at the county seat on the day of election, in order 
that those elected may qualify and receive instructions from the county 
board of education and the county superintendent, as to the proper dis- 
charge of their duties. 

Sec. 2554. County treasurer to receive and disburse school fund; 
his bond; misdemeanor, &c. 

The county treasurer of each county shall receive and dis- 



"bitrse all public school funds ; but, before entering upon the 
duties of his office, he shall execute a justified treasurer's 
bond, with security in double the amount of all public school 
moneys received by him or by his predecessor during the 
previous year, conditioned for the faithful performance of his 
duties as treasurer of the county board of education, and for 
the payment over to' his successor in office. of any balance of 
school moneys- that may be in his hands unexpended, and 
the county board of education may, from time to time, if 
necessary^ require him to strengthen said bond, and in de^- 
fault thereof the members of the county board of education 
shall be guilty of a misdemeanor ; and for any breach of said 
bond, action shall be brought by the county board of educa- 
tion. 

Note. — -It is the duty of county commissioners to take ilie bond 
of the Treasurer, which should always be separate, not inchiding Habil- 
ities for other funds, and it is also then- duty, under section 771 of The 
Code, to bring an action for any breach of said bond. 

Sec. 2555. Orders, how issued upmi treasurer of county hoard of 
education; proviso ; payments for building or repairing 
school houses. 
All ordere upon the treasurer of the county board of edu- 
cation for school money for the payment of teachers, duly 
countersigned by the county superintendent of public in- 
instruction, and all orders for the purchase of sites for school 
houses and for the cost of building, repairing and furnishing 
school houses, shall be signed by the school committee of 
the district in which the school is taught, or in which the 
site or school house is situated, which orders, duly indorsed 
by the person to whom the same are payable, shall be the 
only valid vouchers in the hands of the treasurer of the 
county board of education, to be paid out of the funds ap- 
portioned to the district in which the school house is erected : 
Provided, the said treasurer shall not pay any school money 
for building or repairing any school house, unless the site on 



20 



whicli it is located has been donated to or purchased by the 
school committee of the district in which said house is located, 
and a deed for the same regularly executed and delivered to 
said committee and their successors in office, probated, regis- 
tered in the office of register of deeds for the county, and de- 
livered to the treasurer of the county board of education, to 
be by him safely deposited with his valuable official papers, 
and surrendered to his successor in office, and for default he 
shall be liable on his official bond for any sum thus illegally 
paid. No order given by a school committee of any district 
for maps, charts, globes or other school apparatus, sl;iall be 
valid unless the same be indorsed by the count}^ superinten- 
dent of public instruction and approved by the county board 
of education. 

Note. — Treasui-ers will note tha,t orders for teachers' salary must 
be countersigned by county superintendents an^ sworn to to make them 
valid vouchers in their hands. Treasurers will aJso note that the entire 
cost of erecting, repairing and furnishing school-houses may be paid out 
of school fund of the district in which the house is situated, and their 
attention is particularly called to the proviso of this section. In connec- 
tion with this, let treasurers note the provisions of section 2557, and pay 
no school money for any of the purposes mentioned until all the provi- 
sions of these sections have been strictly complied with. 

The compensation of the treasurer of the county board of education 
is deternained by the coiiuty commissioners, in accordance with section 
770 of The Code* The proviso in that section does not allow two and 
one-half per cent, on both receipts and disbursements, unless such allow- 
ance on all moneys handled by the treasurer, including county and 
school funds, would not amount to more than i 



Sec. 2556. Duties of treasurer of county board of education. '^ 

It shall be the duty of the treasurer of the county board 
of education to keep a book in which he shall open an ac- 
count with each public school district in the county, showing 
the amount apportioned to said district, distinguishing the 
moneys due to the white and the colored districts, the date 
of all payments of school moneys, the name of the person to 
whom paid and the several amounts. He shall balance the 



21 



accounts of each district a-nnually on the thirtieth <:la,y of 
November in each and every year, and shall report by letter 
or printed circular, within ten days after each apportionment, 
to each school committee the amount apportioned to the re- 
spective districts for the year, together with the balance 
which may be due any of the said districts from the preced- 
ing year. 

Skc. 2557. Treasarer to furnish blank deeds to school commit- 
te.es ; foo-"m of deed ; when land to revert 

It shall be the duty of the treasurer of the county board 
of education to furnish school committeemen with blank 
deeds for school-house sites. If a school-house site has been 
purchased, an ordinary fee simple deed shall be executed. If 
a site has been donated, the donor may provide in the deed 
of gift that the title to "the site, but not to the improvements, 
shall revert to him or his heirs in case the same shall cease 
to be used -for school purposes for the space of three years. 

Sec. 2558. Treasurer to make report to county hoard of educa- 

Hon. 
■ The treasurer of the county board of education shall, on 
the first Monday in December in each year, report to said 
board the amount of money received from the sheriff for pub- 
lic school purposes, said report to show in detail the amounts 
received respectively from property tax, poll tax, liquor 
licenses, autioneers, and from such other sources as may be 
taxed by the general assembly for school purposes. He shall 
also report, at the same time, the amount of moneys received 
by him from fines, forfeitures and penalties and from the 
state treasurer and other sources for public school'purposes. 

Sec. 2559. Treasurer to produce books, vouchers, &c., when re- 
quired by board. 

The treasurer of the county board of education shall, when 
required by said board, produce his books and vouchers for 
2 



22 



examination, and shall also exhibit all monej^s due the ptib"- 

lie school fund of the county at each settlement required by 

this chapter. 

Note.— ^The board of education shall from time to time examine 
the books ai:id Touehers of the treasurer, to see that they are i:)roperly 
kept and the money expended strictly according to law. 

Sec. 2560. (As amended by the Laws of 1885). Treasurer to 
male repeyft to state saperintendent of public instruction. 

The county treasurer of each cotinty shall report to the 
state S'Uperintehdent of public instruction ori the first day of 
December of each year, the entire amount of school money 
received by him during the preceding school year, the sev- 
eral sources from which it was derived and the disbursements 
thereof made by him, designating the sums paid to teachers 
for the white and colored children respectively and for schooh 
houses and school-house sites, in the several districts. He 
also shall report to the state superintendent of public in- 
struction, specifically and in detail by items, the amounts- 
paid out for other' purposes, and on the same day he shall file 
a duplicate of said report with the county superintendent of 
public instruction. 

Note. — Conntj^ treasurers, and sheriffs acting as treasurers^ will 
note the provisions of this section, and report promptly at the time spec- 
ified and in the manner prescribed, being careful to avoid_errors in their 
accounts and calculations, thus enabling the State superintendent to 
make his report by the first of the following month. They will note 
that they are required to file a copy of their report with the county su- 
perintendent ; superintendents will see that this 'is done. If not done 
promptly and by items, as required by law, they will notify the state su- 
perintendent. The report must be made in such a way as to show the 
items for all expenditures for general purposes. 

Sec. 2561. Treasurer to keep acco^mt of public school moneys. 

The treasurer of the county board of education shall keep 
a l30ok in which shall he entered a full and detailed account 
of all public school moneys received by him, the name of 
each person paying him school money, the source from which 



the same may have been derived, and the date of such pay- 
ment : Provided, in his settlement with the sheriff or other 
collecting officer of public school taxes or other school fund, 
the said treasurer shall receive money oiily. 

Note. — Slieriffs or tax collectors must settle the school fund with 
the treasurer in money only, and county treasurers must derrmnd money 
'only in their settlements. 

Sec. 2562. {As amended by the Laivs of 1885). 'IreaSurer fail- 
ing to report to 'said superintendent, guilty of misdemeanor. 
Any treasurer of a county board of education fliiling to 
make the reparts required of him at the time and in the 
manner prescribed shall be guilty of a misdemeanor, and be 
fined not less than fifty dollars and not more than two hun- 
dred dollars, or imprisoned not less than thirty days nor more 
than six months, in the discretion of the court. 

vSec. 25Go. Sheriff to pay annually in raoney to treasurer of the ■ 
county board, amount of state and county taxes levied for' 
school pwposes; Sec; misdemeanor ; penalty ; action on bond.. 
The sheriff of each county .shall pay annually in money 
to the treasurer of the county board of education thereof,, on: 
or before the thirty-first day of December of each year, the- 
whole amount levied, less such sum or sums as may be al-- 
lowed on account of insolvents for the current year, by both 
state and county, for school purposes; and, on failure so fo^ 
do, shall be guilty of a misdemeanor, and fined not less than 
two hundred dollars and be liable to an action on his official 
bond for his default in such sum as will fully cover such de- 
fault, said action to be brought to the next ensuing term of 
the superior court and upon the relation of the bosxd- of. 
county commissioners for and in behalf of the state. 

Sec. 2564. (^.s aniended by the Laivs of 1885). Sheriff to take 
duplicate receipts. 
The sheriff, or otiier collecting officer, shall, take duplicate- 



24 



receipts of tlie treasttrer of the county board of education 

for sucli payments as he may make under this chapter, one 

copy of which shall be transmitted to the auditor of the state, 

and one to the chairman of the county board of education. 

Note. — Secs, 25C2, 2563 and 2o64.--Treasm'ers and sheriffs will specially 
note the provisions of these sections. They will keej) the poll and property 
tax separate,- indicating ea-ch in the receipts given by the treasurer. This 
they will be the better able to do hereafter, because the school poll tax 
and school property tax of each individual will be separated on the tax 
lists. A little attention to this will enable the treasurers to make their 
reports pfOniptly on December 1st according to law. 

-Sec. 2565. {As amended by the Laivs of 1885). Duties of sec- 
retary of county board of education. 

The secretary S'hall record all of the proceedings of the 
•■county board of education, issue all notices and orders that 
may be made by said board pertaining to the public schools, 
school-houses, sites or districts, (which notices or orders it 
shall be the duty of the secretar}'- to serve by mail, or by per- 
sonal delivery vdthout cost),- and record all school statistics. 
The county board of education shall provide the secretary 
'with a suitable book in which to make the records required 
by this section. 

Sec. 2566. (As amended by the Laws o/ 1885). Examination 
of applicomts for teachers' certificates by connty superinte^i^ 
dent of public instruction ; grades of certificates valid for 
one year in county ivhere issued ; ivhat to be taught in piihlie 
schools ; proviso. 
The county superintendent of public instruction of each 
county shall examine all applicants of good moral character 
for teachers' certificates at the court-house in the county, on 
the second Thursdays of February, April, Jul}", September, 
October and December of every year, and continue the ex- 
amination from day to day, during the remainder of the 
week, if necessary, till all applicants are examined. The 
^rade of the certificate to which the applicants may be enti"- 



tied shall conform to the following standard of excellence: 
that is, one hundred being the maximum, a certificate shall 
not issue to any applicant who makes less than fifty per cen- 
tum in any one branch, or whose general average is less than 
seventy per centum. A general average of ninety per centum 
and over shall entitle an applicant to a first grade certificate ; 
a general average of eighty jjer centum or more shall entitle 
the applicant to a second-grade certificate ; and a general 
average of seventy per centum or more shall entitle an appli- 
cant to a third-grade certificate. The certificates shall be 
valid for one year from their dates and only in the count}^ in 
which they were issued. No branches shall be taught in the 
public schools except spelling, defining, reading, writing, 
arithmetic, English grammar, geography, elementary physi- 
ology and hygiene and the history of the state and United 
States : Provided, the school committee may make special ar- 
rangements to allow other branches to be taught: Provided 
also, the county snperintendent sha,ll hold his examinations 
publicly, and shall invite competent persons to assist him in 
such examinations, and if it shall be found necessary for 
want of more competent teachers to supply the schools, he 
may examine the applicant on a portion only of the studies 
and grant a partial third-grade certificate and assign the 
teacher to a designated district, and he shall teach in no 
otlier. 

Note. — The county superintendent's attention is specially directed 
to the necessity of insisting on the required proficiency in the studies 
mentioned in this section, and he should grant certificates to none ex- 
o^t to those who produce reliable evidence of good character, and pass 
-ao approved examination, fairly testing the proficiency of the applicant. 
School committees should provide for additional studies in the public 
schools, when such action will be of advantage to any of the jjupils of 
their district. The pursuit of all useful knowledge should be encouraged 
in the schools. Elementary Physiology and Hygiene has been added to 
the list of studies. It is desirable that all teachers should be well-in~ 
:^ormed on this subject, as they will hereafter be examined on it as one 
of the common school branches. Whether classes are instructed or not 
in this science, the teacher should not fail to give lectures and enforce 



tlae rules of health.. It vvdll be observed that no private examinations 
ean be held. Six days are appointed by law for examinations, and the 
boards will see that all examinations are made on 4hese days or on the 
day following if one day is not sufficient, except in extraordinary cases. 
The examinations need not be held in the court-liouse, but may be con- 
ducted in any suitable room at the county seat. 

Sec. 2567. {As amended by the Laivs of 1885). TeacJiers' insti- 
tides ; teachers required to attend. . 

The board of education of any county may. annually ap- 
propriate an amount not exceeding one hundred dollars out 
of the school funds of the county lor the purpose of conduct- 
ing one or more teachers' institutes for said county ; or the 
county boards of education of two or more adjoining coun- 
ties may, if in their judgment deemed proper, appropriate an 
amount not exceeding one hundred dollars to each count}^^ 
for the purpose of conducting a teachers' institute for said 
counties, at some convenient and satisfactory point, and the 
public school teachers of the said county or counties are re- 
quired to attend said institutes, which latter shall be open 
also to any teachers in the county or counties wdio may be 
desirous to attend them. 

Sec. 2568. County superintendent to have charge of institute, &g, 

A county teachers' institute under the preceding section, 
shall be under the supervision of the county superintendent 
of public instruction. In the event of a joint county teach- 
ers' institute, the supervision shall be vested in a president 
to be elected by the institute from among the county super- 
intendents present. 

Note. — Secs. 25G7 and 2588. — The county board of education of each 
county should make an aj)proi)ria.tion of a sufficient sum, under the ^provi- 
sions of these sections, for the proper training of the teachers of the county 
for work in the public schools. A well conducted teachers' institute is 
an absolute necessity for the proper development and progress of the 
school system of a county. It is a mistaken idea of economy in county 
boards to withhold the funds necessary for this work. The public school 
teachers are required by law to attend the institutes.. 



27 

Sec. 2569. {As amended by the Laws 'of 1885). Duties of 
county superintendent of public instructiooi ; power ; suspen- 
sion of teacher. 

It shall be the duty of the county superintendent of pub- 
lic instruction to advise with the teachers as to the best meth- 
ods of instruction and government, and to that end he shall 
keep himself thoroughl}^ posted as to the progress of educa- 
tion in other counties, cities and states ; he shall have author- 
ity to correct iibuses, and to this end he may with the con- 
ourrence of a majorit}^ of the school committee of the dis- 
trict in which he is employed suspend any teacher who may 
be guilty of any immoral or disreputable conduct, or who 
may prove himself incompetent to discharge efficiently the 
duties of a public school teacher, or who ma}'' be persistenth'' 
neglectful of said duties, or if the salary is exorbitant, or the 
patronage insufficient to justify the expenditure, and the 
teachers shall be paid only to the date of such suspension. 
Under the supervision of the county board of education, he 
shall visit the schools, and he shall perform sueh other duties 
as may be recpired of him by the county board of education 
and the .state superintendent ; .and shall obey their instruc- 
tions. 

Note. — The school committees should heartily co-operate with the 
.county superintendent, under the provisions of this section, in securing 
the best work possible by the teachers in the school room, and in purg- 
ing the ptiblic schools of all immoral and incompetent teachers. Tlie 
training of children must not be left in the hands of those whose exam- 
ple in daily life could not be safely followed by their pupils. 

Sec. 2570. Courdy miperintendent to distribute blanks. 

■It shall be the duty of the county superintendent of public 
instruction to distribute to the various school committees of 
his county all such blanks as may be furnished by the state 
superintendent of public instruction for reports of school sta- 
tistics of the several districts ; also blanks for teachers' re- 
jiorts and for orders on the treasurer of the county 'board of 



28 



education for teacliers' salaries ; he shall also distribute to the 
school committees school registers for their respective dis- 
tricts ; he shall advise with said committees as to the best 
methods of gathering the school statistics conte-mplated by 
such blanks, and, by all proper means, shall seek to have 
such statistics fully and promptly reported. 

Note. — The blanks provided for in this section will be furnished 
by the state superintendent upon the aj^phcation of the county super- 
intendent for the same. County superintendents should see that each 
school in the county is snppHed witli a school register, and that the 
teachers keep therein a proper record of the school. Registers wiU be 
furnished to the several counties uj^on application to this office. County 
sujDerintendents should see that school blanks are used for stihool pur- 
poses only. When asking for blanks superintendents should indicate 
the express office to which they desire tliem sent. 

Sec. 2571. {As ameuded by the Laius' of 1885). 'County mper- 
intendent to countersign orders on treasurer of county board 
for -payment of teachers^ salaries. 

It shall be the duty of the county suj^erintendent of public 
instruction to countersign all orders given by the several 
school committees upen the treasurer of the county board of 
education in payment of teachers' salaries, and it shall not 
be lawful for the said treasurer to pay such orders unless the 
same have been countersigned by the county superintendent 
of public instruction : Provided, the said county superinten- 
dent shall not have authority to countersign any such order 
until the teacher in whose favor it is drawn shall have made 
the reports to the countj'' superintendent required by this 
chapter, and shall have sworn to- them before the county su- 
j>erintendent. 

Note. — The spirit of this proviso is, that no voucher shall be coun- 
tersigned unless sworn to, and Avhile it should be done in the jsresence 
of the county superintendent, to avoid inconvenience it may be done 
before any other officer. See section 25'76„ 



29 



Sec. 2572. County superintendent to deliver to county hoard cata- 
logue of teachers, &c. 

The county superintendent of public instraction shall de- 
liver to the county board of education, on or before the first 
Monday in December in Qxery year, a catalogue of all the 
teachers to whom he gave certificates during the year. 

Sec. 2573. County superintendent to report to state supei^inten- 
dent nimiher, &c., of teachers, schools, Sec. 

It shall be the duty of the county superintendent of public' 
instruction of each county, on or before the first Monday in 
December of every year, to report to the state superintendent 
otf public instinction an abstract statement of the number;, 
grade, race and sex of the teachers examined and approved 
by him during the year ; also the number of public schools 
taught in the county during the year for each race ; the num- 
ber" of pupils of each race enrolled in said schools; their 
average attendance ; the number of females ; the average 
length of the terms of said schools and the average salary, 
respectively, of the white and colored teachere ; also full and 
accurate statistics of the number of school children in the 
county, giving race and sex ; the number of school districts 
for each race and the number of public school-houses and 
the value of j3ublic school property for each race ; the num- 
ber of teachers' institutes held and the number of teachers 
tiiat attended such in&i:itutes ; together with such suggestions 
as may occur to him promotive of the school interests of the 
county. 

Note. — Coiinty superintendents felioiilcl make full and prompt re- 
ports under the provisions of this section, and they are hereby required 
to report all permanent private schools in their county, as indicated by 
a blank which will be furnished them. 

Sec. 2574. (^.s amended by the Laws of 1885). County super- 
intendent to record copy of report to sfcde superintendent in 
office of secretary of county hoard. 
The county superintendent of public instruction shall re- 



30 

cord in his books his annual report to the state superinten- 
dent of public instruction and the census reports and school 
statistics as reported to him by the school committees. 

Sec. 2575. {As amended by the Lcnus of 1885). Compensation 
of county superintendent 
Each county superintendent of public instruction who 
shall comply with this chapter shall receive,- as compensation 
for his services, such sum as in the discretion of the iDoard of 
education may seem adequate and just, the amount not to 
be less than two nor more than three dollars per day for all 
days necessarily engaged in the discharge of the duties of 
his position, of which said service he shall present, at their 
regular meeting, to the county board of education, an item- 
ized account, with an affidavit attached, that the services 
therein charged have been in fact rendered, whereupon if 
.approA'ed by the county board of education it shall be the 
duty of the ciiairman and secretar}'^ of said board to draw an 
-order on the treasurer of the county board of education for 
the amount due the county superintendent by virtue of this 
section. This! order shall be paid by the said treasurer out 
of the school funds : Provided, his salary shall not exceed 
four per centum of the school fund apportioned in the 
county. 

Note. — T]ie board of education has authority to determine the pay 
of the county superintendent, which shall not be less than two nor more 
than three dollars per day, and ^hall not exceed four per centum of the- 
mioney received by the treasurer and apportioned for any one year. He 
is under tlieu- suT)erTision and subject to their instructions, and is to be 
paid only for the number of full days' work actually done, which may 
or may not amount to the maximum, four per centum, allowed by the 
law. The compensation is by the day. No salary by the month or by 
the year can be allowed. 

Sec. 2576. (.4s amended by the Laws of 1885). Oath of school 

committeemen; school officers authorized to achninister caiJis. 

Before entering upon the duties of their office^ the school 



31 



committeemen shall take an oath for the faithful discharge 
of the duties of their office. In all matters, pertaining to the 
execution of the school law, all the members of the county 
board of education and the county superintendent are au- 
thorized to administer oaths, but neither they nor justices of 
the peace shall be entitled to any fee for such service. 

Sec. 25.77. Ileeting of school Qommiiteemeu ; chairman; clerk; 
record to be kept. 

The school committee of each school district, within fif- 
teen days after their election or appointment, shall meet at 
some convenient point within the school district, and organ- 
ize b}'' electing one of their number chairman and another 
of their number clerk of the school committee, and the said 
cierk shall keep a record of the proceedings of said commit- 
tee in a book provided for that purpose. 

Note. — A record of the proceedings of each committee, as re- 
quired by this section, should be kept ; very many difficulties will b© 
avoided thereby. All actions taken by the committee are unlawful,, 
unless in a meeting of the committee, a majority being present, a.nd a 
record of the same made. This record book is not furnished by the 
state superintendent but may be bought by the committee. 

Sec. 2578. School committee to be a body corporate. 

The school committee of each school district shall be a 
body corporate by the name and style of " The School Com- 

mitte-e of District No. , in the county of ," 

and by that name shall be capable of purchasing and hold- 
ing real and personal estate, and of selling and transferring 
the same for school purposes, and of prosecuting and defend- 
ing suit for or against the corporation. All conveyances to 
school committees shall be to them and their succQssors in 
office.. 



82 



Sec. 2570. (As amended by the Laws of 1885). School commit- 
tee to take annucd census of children ; to report number of 
school-houses to county superintendent. 

It shall be the dut}^ of the school committee of each dis- 
trict to take and return to the county superintendent of pub- 
lic instruction, on or before the first day of November in 
every year, a full and accurate census of the children be- 
tween the ages of six and twenty-one years, designating tb« 
race and sex. And the said committee shall also report to 
the said county superintendent the number of public school- 
houses and the value of all public school property, for each 
race, separately. 

Should the committee fail to make such report by the first 
day of December, the report of the preceding year shall be 
taken as the basis of the report to the state superintendent. 
The said report shall be signed by the member of the com- 
mittee designated to take the census, and be sworn to befoie 
any justice of the peace or other person authorized to aid- 
minister oaths. 

Note. — The school committee of each district should not fail to 
make the repoi-t called for by this section at or before the time specific. 
A failure by the committee to make the report required by this section, 
is sufficient cause for their removal by the county boards. The county 
boards are liereby directed to apply this remedy in all cases of failure to 
make the report. The committee will designate one of their number 
to perform this duty who is to swear to the report. 

Sec. 2580. {As amended by the Laws (f 1885). Scliool conim.H- 
tee authorized to employ and dismiss tectchers, and to fix th&ir 
■ pay. 

The school committees shall have authority to employ and 
dismiss teachers in their respective districts, subject to the 
ratification of the county superintendent and to the instruc- 
tion and supervision of the county board of education ; but 
no contract shall be made during any year to cover a larger 
sum of money than the amount apportioned to the district 
for that year. No teacher shall be employed who does ni.>t 



83 

produce a certificate from the county superintendent of pub- 
lic instruction dated within the time prescribed by law. 
Teachers of third grade shall receive out of the public fund 
not more than fifteen dollars per month ; of the second grade 
not more than twenty-five dollars per month, and teachers 
of first grade may receive such compensation as shall be 
agreed upon; but no teacher shall receive any compensation 
for a shorter term than one month unless providentially hin- 
dered. Twenty school days shall be a month : Provided, that 
in all cases it shall be the duty of school committeemen in 
employing teachers with first grade certificates to report the 
name of the teacher, the amount of compensation agreed 
upon and the length of time, and no contract shall be valid 
until approved by the county superintendent under such 
rules and regulations as may be prescribed by the county 
board of education. No committeeman shall be a teacher 
nor in any way be interested in building or repairing any 
schcol-house unless with the approval of the county super- 
intendent. No committeeman shall receive any compensa- 
tion except such sum as may be allowed by the county board 
of education for taking the school census, which sum shall 
be paid out of the fund of the district. 

Note. — School committees should employ the best teachers they 
can get. A good te&chev is cheaper at a high price than an incompetent 
teacher at a loiv price. It is to be regretted that so few well qualified 
female teachers are eroployed in our public schools. Women, as a rule, 
are better teachers of primary classes then men, other qualifications be- 
ing equal. The practice in some sections of employing teachers and put- 
ting them to work before they have the county superintendent's certifi- 
cate, relying on a prospective examination, is unlaivful. The board can 
give general directions relative to the employment of teachers — prices 
to be paid, &c. The authority here given to the board and to the super- 
intendent need not be construed to mean that each separate contract 
must be approved but that committees must comply with the instruc- 
tions given them relative to the employment of teachers. Contracts 
should be made by the month and should continue only so long as the 
money on hand or to be apportioned during the school year into which 
the school term extends will pay. 

The board of education should require all contracts with teachers to 



u 

he made subject to their authority to discontinue any school for im-' 
jnoral conduct on the part of the teacher, for insufficient attendance oi* 
for any cause satisfactory to them. 

•Sec. 2581. Teachers to render statement of niimher of jnqnlSj 
&c., to school comriiittee ; ivhen order for payment of teachers 
to he given. 
At the end of evei'y term of a public school, the teachei' 
Dr principal of tlie school shall exhibit to the school com- 
mittee of the district a statement of the number of pupilsj 
male and female ; the average daily attendance, the length 
of term and the time taught. If the committee are satisfied 
that the provisions of this chapter have been complied with, 
they shall give an order on the treasurer of the county board 
of education, payable to said teacher, for the full amount due 
for services rendered. 

Note.— -School committees shoiild. in no case give an order on the treas- 
urer for the teacher's salary imtil the requirements of this clrapter have 
been comphed \vith. 

Sec. 2582. School committee empowered to receive gifts, &c.; deedj 
how executed; proceeds of sale; to have care of school-house, 
&c., and to sell the same, &c.; original grantor to have option 
to repurchase school-house site tvhen resold. 
The school committee may receive any gift, grant, dona- 
tion or devise, made for the use of any school or schools 
within their jurisdiction, and in their corporate capacity they 
shall be intrusted with the care and custody of all school- 
houses, school-house sites, grounds, books, apparatus, or other 
public school property belonging to their respective jurisdic- 
tions, with full power to control the same as they may deem 
best for the interest of the public schools and the cause of 
education. When, in the opinion of the committee, any 
school-house, school-house site or other public school prop- 
erty, has become unnecessary for public school purposes, they 
shall sell the same at public auction,, after advertisement for 
tv^enty days at three public places in the county. The deed 



35 



hi' tlie property thus sold shall be executed by the chairmaii 
and clerk of the committee, and the proceeds of the sale- 
shall be paid to the treasurer of the county board of educa- 
tion for the school exnenses in said school district : Provided . 
the committee shall first offer the site and improvements to 
the original grantor', donor or his heirs, at a price fixed by 
the committee. And in the event of a disagreem.ent as to 
the price, the committee shall select one discreet a,nd disin- 
terested person, and the grantor, donor oi" his heirs shall se- 
lect another such person, to value and appraise the property, 
and in the event they cannot agree, they shall call to their' 
aid an umpire; and upon the paj^ment of the price thus 
fixed the committee shall convey, by proper deed, the prop-- 
'erty to the original grantor, donor or his heirs. 

Sec. 2583. Empowered to receive sites for school-houses by dona-- 
tion or purchase; in case of purchase, approved of chairinan 
and secretary of county board necessary ; title ; proceeding to 
condemn land for school-house site. 
The school committee may receive suitable sites for school 
houses by donation or purchase. In the latter case they shall 
report the price to the chairman and secretary of the county 
board of education. If the latter are satisfied that the price' 
is not excessive, they shall approve the order of the commit-' 
tee on the treasurer of the county board of education for the 
purchase money, and upon payment of the order, the title 
to said site shall vest in the committee and their successors 
in office. Whenever the committee are unable to obtain a 
suitable site for a school by gift or purchase, they shall re- 
port to the county board of education, and the latter shall 
thereupon appoint three disinterested citizens, v/ho shall lay 
off" not more than one acre, and assess the cash value thereof, 
and report their proceedings to the county board of educa- 
tion. If said report is confirmed by the board, the chairman 
and secretary shall approve the order v/hich the district 
school committee shall give on the treasurer of the county 



36 



board of education in favor of the owner of the land thus 
laid off, and upon payment or offer of payment of this order, 
the title to said land shall vest in the school committee and 
their successors in office ; Provided, improved land shall not 
be condemned under this section : Provided further, any per- 
son aggrieved by the action of said board may appeal to the 
superior court of the county in which said land is situate, 
upon giving b aid t > secure the board against such costs as 
the}^ m.ay incur on account of said appeal not being pros- 
ecuted v/ith effect. 

Note.— School committees should procure suitable sites in their respec- 
tive districts, and hare comfortable school-houses erected thereon. When 
the district has no school-house, disputes arise each year as to where the 
school should be taught, and thus neighborhood quarrels are promoted 
which injure the schools. School committees should pay particular at- 
t-ention to the provisions of these sections to save trouble in connection 
with titles. 

Before proceedings are liad to condemn land the secretary of the coun- 
ty board shall give to the ov/ner of the land five days' notice that ap- 
praisers have been appointed, who will proceed to lay off, according to 
law, one acre and assess the value of the same. 

Sec. 2584. School committee to deliver deeds to treasurer of county 
hoard. 

The school committee in each district shall deliver to the 
treasurer of the county board of education all deeds for 
school-house sites and other school property, to be rec rded, 
if not already recorded, and deposited with said treasurer for 
safe-keeping as provided in this chapter. 

Sec. 2585. Duties of teachers; dismissed of piqnL 

It shall be the duty f-f all teachers c f free public schools 
to maintain good order and discipline in their respective 
schools, to encourage morality, industry and neatness in all 
of their pupils, and to teach thoroughly all the branches 
which they are required to teach. If any pupil sliall wil- 
fully and persistently violate the rules of the school, such 
■pupil may be dismissed by the teacher f)r the current term. 



^7 



'Note. — On the subject of the authority of the teacher as to corporal 
punishment, the following decision, rendered by Judge Gaston, 2 Dev- 
ereux & Battle, p. 365, is quoted : " The law confides to school-masters 
and teachers a discretionary power in the infliction of punishment upon 
their pupils, and will not hold them responsible criminally, unless the 
punishment be such as to occasion permanent injury to the child, or be 
inflicted merely to gratify their own evil passions. 

" It is not easy to state with precision the power which the law grants 
to school-masters and teachers, with respect to the correction of their 
pupils. It is analogous to that which belongs to parents, and the author- 
ity of the teacher is regarded as a delegation of i^arental authority. One 
•of the most sacred duties of parents is to raise up and qualify their chil- 
dren for becoming useful and virtuous members of society ; this duty 
•cannot be eifectually performed without the ability to command obedi- 
ence, to control stubbornness, to quicken diligence and to reform bad 
habits ; and to enable him to exercise this salutary sway, he is armed 
with the power to administer moderate correction when he shaU believe 
it to be just and necessary. 

"• Within the sphere of his authority, the master is judge when correc- 
tion is requu-ed, and of the degree of correction necessary ; and like all 
others intrusted with a discretion, he cannot be made penally responsi- 
ble for error of judgment, but only for wickedness of purpose. The 
hest and wisest of mortals are weak and erring creatures, and in the ex- 
ercise of functions m which their judgment is to be the guide cannot be 
rightfully required to engage for more than honesty of purpose and dil- 
igence of exertion. His judgment must be presumed correct, because 
he is the judge, and also because of the dilficulty of proving the offence 
or accumulation of offences that called for correction; of showing the 
peculiar temperament, disposition and habits, of the individiial cor- 
rected; and of exhibiting tlie various milder means, that may have been 
ineffectually used, before correction was resorted to. 

" But the ma,ster may be punishable when he does not transcend the 
powers granted, if he grossly abuse them. If he use his authority as a 
cover of malice, and under j^retence of administering correction, gratify 
his own bad passions, the mask of the judge shall be taken off, and he 
will stand amenable to justice, as an individual not invested with judi- 
cial power." 

For conduct outside of school, or after school is dismissed, it seems to 
■be agreed that a teacher may inflict punishment for any misbehavior 
that has a direct or immediate tendency to injure the school, to subvert 
the teacher's authority and to beget disorder and insubordination. This 
line of authority it is diiScult to draAv with precision, and a wise discre- 
tion must be exercised, the teacher always bearing in mind that it is tlio 
school iinct his authority to govern it that are to be protected, 

Q 



Punishment can of course be inflicted for defacing, or in any way in- 
juring any school property, for the use of any language calculated tc 
stir up disorder or insubordination, for the use of any obscene writing 
or pictures, or prints calculated to corrupt good morals. None of thes© 
offences should be tolerated. 

While there is undoubted authority for corporal launishment within 
the bounds of reason, it is worth nothing at all, indeed is worse than no 
punishment, unless it is administered firmly and dispassionately, which, 
not all teachers are able to do. With most pupils, almost every other 
means of control shoiild be resorted to before any kind of corporal pun- 
isnment. 

The secret of success in school government lies in the art of creating 
an interest and enthusiasm in school exercises and their results. This, 
done, the school will, in a large measure, govern itself ; without it, no 
kind or degree of corporal punishment will secure good results in school 
work or government. The teacher should so demean himself as to make 
all pupils consider him their friend and benefactor, keeping authority 
and punishment in the background, to be used when nothing else will do. 

Sec. 2586; {As amended by Laios of 1885.) Teachers to keep 
daily records concerning "pupils ; grades in scholarship, in 
depwtmeiii ; report to he made to county superintendent. 

Every teacher or principal of a school to which aid shall 
be given under this chapter, shall keep a daily record of all 
absences of pupils and of the grade in scholarship and de- 
portment of each. The grade in scholarship shall be indi- 
cated by the numbers one, two, three, four and five, one rep- 
resenting the highest or first grade and five the lowest, and 
the three intermediate numbers the three intermediate grades. 
The grades in deportment shall be represented by the same 
numbers and in the same order. At the end of every term 
every principal or teacher of a public school shall report to 
the county superintendent of public instruction the length 
of term of school, the race for which it was taught, the num- 
ber, sex and average daily attendance of the pupils, and the 
number of the district in which the school was taught, 
■ If any term comprehends parts of the two school years, 
beginning in one and ending in the succeeding, the teacher 
shall on the first day of December make the above required 



39 



report for the part of the term up to that date, and the re- 
maining part of the term shall be reported when the term 
closes and form part of the report for that year. 

Note. — Teachers will note that their orders for salary will not be ap- 
proved by the county superintendent, or paid by the treasurer, until this 
report is made. Arrangements, however, may be made with the county 
superintendent to approve orders for the salary of each month, so as to 
enable teachers to draw their pay monthly. The teacher must, in this 
case, make a report for the full session at its close, before he can receive 
the last installment of his salary; or, if the term embraces parts of two 
fiscal years, two full rejjorts must be made, each embracing that part of 
the term included in its fiscal year. 

Sec. 2587. School year. 

The school year shall begin on the first Monday in De- 
cember. 

Sec. 2588. Every school receiving aid under this chapter to be a 
public school. 

Every school to which aid shall be given under this chap- 
ter shall be a public school, to which all children living 
within the district between the ages of six and twenty-one 
years shall be admitted free of charge for tuition : Provided, 
the admission of pay students shall be under the direction 
of the committee. 

Note.— Only children of school age living within the distiict are ad- 
mitted into the public schools of the district free of charge. Children 
not of school age, or those living outside of the district, may be admit- 
ted as pay students, by direction of the school committee. 

Sec. 2589. Tax of twelve and a hcdf cents on every one hundred 
dollars of property and credits to be levied for support of 
public schools ; poll tax of thirty-seven and a half cents. 
In addition to the state and county capitation taxes, ap- 
propriated by the constitution, and other revenues for the 
support of the public schools, there shall be levied and col- 
lected every year for the maintenance and support of the 
public schools twelve and a half cent? on every one hundred 



40 



dollars worth of property and credits in the state, and thirty- 
seven and a half cents on every poll in addition to the 
taxes in the revenue law. 

Sec. 2590. {As amended by Laws of 1885.) If taxes insufficient 
to maintain public schools four months, board of commis- 
sioners to levy specicd tax ; how collected. 

If the tax levied by the state for the support of the public 
schools shall be insufficient to maintain one or more schools 
in each school district for the period of four months, then 
the board of commissioners of each county shall levy annu- 
ally a special tax to supply the deficiency for the support and 
maintenance of said schools for the said period of four 
months or more. The said tax shall be collected by the 
sheriff in money, and he shall be subject to the same liabil- 
ities for the collection and accounting of said tax as for other 
taxes. The said tax shall be levied on all property, credits 
and polls of the county ; and in the assessment of the amount 
on each the commissioners shall observe the constitutional 
equation of taxation ; and the fund thus raised shall be ex- 
pended in the county in which it is collected, in such man- 
ner as the county board of education may determine, for 
maintaining the public schools for four months at least in 
■ each year. But the county board of education shall not be 
required to expend upon a district containing less than six- 
ty-five pupils the same sum it may give to larger districts, 
notwithstanding an inequality of length of school terms may 
be the result. The count}^ board of education, on or before 
the annual meeting of the commissioners and justices of the 
peace for lev3dng count}^ taxes, shall make an estimate of the 
amount of money necessary to maintain the schools for four 
months and submit it to the county commissioners. 

Note. — This section should be observed and its p^oTi^3io:::■ ■;■'■:■.■■■ 1 out 
fully by the county commissioners. It "^vill be observed t:i, , d. ■ Livr is 
mandatory in its provisions, and that it is intended to carry into efTect 
:the provisions of article nine, sections two and three qf the state consti- 



41 



tution. It will be noted that the county board of education is required 
to make an estimate of the additipnal funds necessary to provide schools 
for four months, and submit it to the commissioners. Of course this 
can be done only approximately. For some years the law has required 
the county commissioners to levy any additional tax that might be nec- 
essary to continue the schools for a period of four months pe/' annum, 
and the constitution of the state makes it their duty to do this under 
penalty of indictment; and yet some commissioners do not attend to 
this duty. The fact should be emphasized that the constitution does not 
attach a penalty to a violation of official duty in any case except the 
failure of county commissioners to provide schools for four months. 
Consti'uing the constitution and the statute together, we are forced to 
the couclasion that it is the imperative duty of the commissioners to 
levy this tax. 

The decision of the sui>rem3 court in Barksdale v. Commissioners of 
Sampson, 93 N. C. Reports, relieves the commissioners of this obhgation 
only when the limit of 66|- cents on $100 valuation of property and 
■|3.00 on polls has been reached for state, coimty and school purposes. 

In the revenue lav/, just passed, the rate of taxation is 20 cents on 
property and 60 cents on polls, which added to 12^ cents on property 
and 374- cents on polls levied by the assembly in the school law, makes 
a total levied by the assembly of 32^- cents on property and 97^ cents on 
polls, leaving the margin of taxation by the commissioners for county 
and school i^m-poses 34 1-6 cents on property and $1.02^ on polls. In this 
cannot be included any special tax levied by special acts of the assem- 
bly. The county board of education will make the estimate of funds 
necessary to continue the schools four months as heretofore, and submit 
it to the county board of commissioners. 

Sec. 2591. School committee empowered to contract with teacher 
of private school ; proviso. 
In any school district where there may be a private school, 
regularly conducted for at least nine months in the year, the 
school committee may contract with the teacher of such pri- 
vate school to give instruction to all pupils between the ages 
of six and twenty-one years -in the branches of learning 
taught in the public schools, as prescribed in this chapter, 
without charge and free of tuition ; and such school com- 
mittee may pay such teacher for such services out of the 
public school funds apportioned to the district, and the agree- 
ment as to such pay shall be arranged between the commit- 



42 



tee and teacher : Provided, any teacher so employed shall ob- 
tain a first-grade certificate before beginning his work, and 
shall from time to time make such reports as are required of 
other public school teachers under this chapter. 

Note. — ^Tliis section is intended to harmonize the public and the pri- 
Tate scliool interests, but it does not contemplate that the puj)ils of any 
one district be divided among the different private schools that may be 
located witliin its limits. The general law provides that districts must 
be laid off and definite territorial lines established and a public school- 
house provided, at which all the pupils within such lines are to attend 
school. If, however, the committee think best they can employ the 
principal of a permanently established j)rivate school to teach all the 
pupils of the district, following the spirit and the letter of this section. 

Wliile the committee are to decide whether such contract shall be 
made with a teacher of a private school, the board of education are to 
determine whether the private school is such an one as is contemplated, 
if there is any doubt on this point ; and tliey are to see that the law is 
complied with in all other particulars. If committees, under this sec- 
tion, do employ teachers of private schools they must provide such length 
of terms as will protect the j)ublic school interests. 

Sec. 2592. Misdemeanor to luilfuUy disturb any school, &c. 

Every person who shall wilfully interrupt or disturb any 
public or private school, or any meeting lawfully and peace- 
fully held for the purpose of literary and scientific improve- 
ment, either within or without the place where such meeting 
or school is held, or injure any school building, or deface any 
school furniture, apparatus or other school property, shall be 
guilty of a misdemeanor, and fined not exceeding fifty dol- 
lars or imprisoned not more than thirty days. 

Sec. 2593. {As amended by the Laius of 1885). State superin- 
tendent of public instruction authorized to employ clerk ; Ids 
salary, how paid. 
The state superintendent of public instruction is author- 
ized to employ a clerk at a salary of one thousand dollars 
per annum, which shall be paid quarterly by the state treas- 
urer, on the warrant of the auditor, out of any funds which 
may be in the treasury not otherwise appropriated. 



Sections op an act to amend the public school law, 

CHAPTER fifteen OF THE CODE, NOT INCLUDED IN THE 

foregoing, (see laws op 1885). 

Sec. 24. The principal or superintendent of every school 
supported in whole or part by public funds, shall report to 
the state superintendent at such time and in such form as 
he may direct. 

Sec. 25. The treasurer of the county board of education 
shall attend at the office of the county board of education 
on the first Monday of each month and the Saturday pre- 
ceding for the purpose of paying school orders. 

Sec. 26. Money that has been apportioned to the districts 
shall not be used to pay orders for teachers' salaries for schools 
taught during any term that does not extend into the school 
A^ear in which the apportionment was directed by law to be 
made. Money levied during any year shall be applied for 
school work during the school year beginning the first of 
December of that year, subject only to the above exception 
as to salaries of teachers for schools taught during the pre- 
ceding school year. Debts contracted for building may be 
paid with any money to the credit of the district. 

Note. — This section is intended to forbid committees from having^ 
schools taught on credit. Sheriffs are required, under heavy penalties, 
to pay to the ti'easurer all school funds levied in any year on or before 
the 31st day of December, and the board of education are required to 
apportion the money on the first Monday in January following. The 
committees can use this money to pay teachers for terms taught during 
the preceding year if such terms extend into December. The meaning 
is that there shall be no credit for teaching other than for the current 
-winter schools, and contracts for these must be made not to cover more 
money than is, or will be to the credit of the district on the first Monday 
•of January. 

Sec. 27. The secretary of state shall furnish a copy of The 
Code and of the Laws to each county board of education. 

^c. 28. No change of districts shall be made until full in- 
formation is laid before the county board of education, show- 



44 



ing the sliape, size, boundaries and school population of all 
the districts affected by the change. Unless for extraordi- 
nary geographical reasons, no change of district lines shall 
be made that will constitute any district with less than sixty- 
five children of school age ; and the county board shall pro- 
vide, as far as practicable, that no district shall contain less 
than that number of children of school age. The county 
board shall furnish plans and require the committees to con- 
struct comfortable houses, with a view to permanency and 
enlargement as the increasing pupulation may demand. The 
county board shall, in all matters, obey the requirements of 
the state board of education and the state superintendent. 

Note. — ^This section does not require the counties to be redistricted, 
but this may be done if the boards so determine. If changes of district 
hnes are made, however, full. information must be laid before the board 
to enable them to act intelligently. In making new districts or chang-' 
ing lines, no district can be made, or left with less than sixty-five chil- 
dren of school age, imless on account of extraordinary geograpliical 
reasons, such as the intervention of dangerous rivers or creeks; the large 
territory that, in some sparsely populated sections, would be required to 
include sixty-five pupils, &c. No district should Ije less than four miles 
square, imless for such reasons as these; and the boards are instructed 
not to make any smaller than this (unless for such reasons), that will 
contain less than sixty-five pitpils. The reason for this is that from this 
number, within the school ages,- nqt more will probably attend school 
than one teacher can serve. Tiiis consideration %vill explain the last sen- 
tence but one in section 2590. 

One of the great evils of the school system is the tendency to make 
the districts too small; boards are instructed to prevent this. The true 
policy is to make the districts as they ought to be, and then have per- 
manent liorLses built. If the district is not too large in territory, a large' 
population is no good reason for dividing it, because the more children 
are taught together the cheaper they can be taught. K we are to go on 
dividing disti'icts as then- population increases, we will fail to have good, 
comfortable houses, and permanent school centres for the different com- 
munities. 

It is settled that we are to have a public school sy stein. Let the county 
boards of education, the committees and the people work together, in 
the respective counties, to build comfortable houses, furnish them well, 
and make their location permanent; then our system will soon be rauch. 
more effective for good. 



APPENDIX. 



LIST OF TEXT-BOOKS 

WITH 

Superintendent's Comments and Explanations. 



LOCAL ASSESSMENT ACT. 



Under the provisions of section 2539 of the kiw requiring 
the state board of education to recommend a series of text- 
books to be used in the pubhc schools for a term of three 
years, and until otherwise ordered, the board in 1881 recom- 
mended a list of text-boolis to which the board in 1885 added 
©thers, and contracted with the publishers of the same to 
furnish them to pupils at the casli retail price given opposite 
each book mentioned in the list below. No change will be 
made without due notice. 

Of the books so recommended the followdng are kept by 
the University Publishing Company, from whom order blanks 
may be obtained : 

Contract 
UNIVERSITY PUBLISHING CO. Price. 

Holmes' First Reader $ .14 

Holmes' Second Reader - - .24 

Holmes' Third Reader .36^ 

Holmes' Fourth Reader - .48 

Holmes' Fifth Reader . .80 

Holmes' New History of the U. S .-- 1.00 

Maury's Elementary Geography .60 

Maujy's Revised Mantial of Geography, N. C. Edition 1.28 



46 



Contract 

THE J. B. LIPPINCOTT CO. PHce. 

Sanf Orel's Primary Analytical Arithmetic - - $ .20 

Sa,nf ord's Intermediate Analytical Arithmetic .36 

Sanf ord's Common School Analytical Arithmetic . . . ■ .64 

Sanf ord's Higher Analytical Arithmetic 1.00 

Worcester's Primary Dictionary 48 

Worcester's Common School Dictionary .80 

Worcester's Comprehensive Dictionary __ — 1.40 

Worcester's Academic Dictionary 1.50 

Worcester's Octavo Dictionary ; 3.40 

CLARK <S: MAYNARD. 

Reed & Kellogg's Graded Lessons in English .40 

Eeed & Kellogg's Higher Lessons in English .70 

E. H. BUTLER & CO. 

G oodricli's Child's History 'U. S : 60 

E. J. HALE & SON. 

Stephens' History of the U. S 1.08 

HARPER & BROTHERS. 

Swinton's Language Primer ' .38 

Harrington's Spelling Book .30 

Harper's New Gra^ded Copy -Books. Primary. 7 Nos. Perdoz... .89 

Gram. Sch'l. 8 Nos. " .._ 1.08 

A. WILLIAMS & CO. 

Moore's History of N. C - .85 

North Carolina Writing-Books. Per doz 1 . 00 

A. S. BARNES & CO. 

Steele's Abridged Physiology 50 

Ja,mes' Southern Selections - - - - — 1.10 

Beers' System of Penmanship. Per doz 1.30 

VAN ANTWERP, BRAGG & CO. 

Harvey's Revised Elementary Grammar .50 

Eclectic Copy -Books. Per doz 1.20 



47 



Contract 

POTTER, AINSWORTH & CO. Pl'lCe. 

Payson, Dunton & Scribner's Cojiy-Books. Primary Series. Doz_f .84 

National " '^ 1.20 

WALKEE, EVANS & COGSWELL. 

Reynolds' Copy-Books. Per cloz _ 1.30 

The following are recommended but not put with the De- 
positaries : 

Retail. 

Webster's Primary Dictionary $0.48 

Webster's Common School Dictionary . - - .7.3 

Webster's Higli School Dictionary .93 

Webster's Academic Dictionary - 1.50 

Webster's Elementary Speller .13 

To cany out this arrangement, the publishers have made 
the University Publishing Co., No. 19 Murray St., N. Y., 
depositaries, from whom all the books recommended can be 
obtained, except Webster's Spelling Book and Webster's Dic- 
tionaries, the publishers of which declined to put them with 
the depositaries. Except these, all the books recommended by 
the State Board, with retail prices, are named on the order 
blank, which may be obtained on application to the Univer- 
sity Publishing Company. 

The County Boards of Education and the County -Super- 
intendents are urged to secure suitable persons to keep these 
books who will sell them at retail prices. 

For further information on the subject of text-books, and 
the mode of obtaining them, I herewith republish the fol- 
lowing circular letter ; 

OFFICE OF SUPERINTENDENT PUBLIC INSTRUCTION, 
Raleigh, N. C, December 30, 1885. 

To THE Board of Education of County: 

I herewith enclose blank order-sheet for school books now on our State 
list of test-books. It will be observed that most of the publishers have 



48 



agreed to place their books wliicli are now on our State list in a common 
depository , for the convenience of dealers and to save expense necessa- 
rily attending the ordering of books, as heretofore done, from each of 
the publishing houses separately. 

You will note that some books, now on our State list, do not aj)pear 
on the order-blank. The esplanation of this is found in the fact that 
the publishers dechned to put them in the depository. 

Harrington's Spelling Book, Swinton's Langua.ge Primer and Harper's 
C!opy Books have been added to the list, and are named on the order 
blank with the other books. 

Harrington's Spelling Book is so arranged that the child will necessa- 
rily learn the meaning of every word it learns to spell, because, if the 
directions are followed, it vrill be compelled to use in sentences all the 
words as they occur in the spelling lessons. The book is also so graded 
that it will be used throughout a common school course, such words 
being used at the different stexjs as will meet the i^upil's v/a,nts as he j)ro- 
gresses in other branches of study. 

Swinton's Language Primer is intended to be used before the pupil 
takes English Grammar, and every teacher should see that this is done. 
This little book has been added to the list as a preparatory book. It is 
the observation of all good teachers that much time is often wasted on 
English Grammar because tlie jjupils are expected to learn what they 
are not prepared for. The proper use of Harrington's Spelling Book and 
theLanguage Primer will lay a good foundation for the successful study 
of English Grammar. 

A neat and thoroughly revised edition of Holmes' Readers will soon be 
published. This edition, I think, will be satisfactory in every way; and 
it will be so arranged that it can be used in connection with the old edi- 
tion, thus preventing any unnecessary loss by throwing aside the old 
books. The first number Avill be so simple, and so well up to the times, 
that it will meet the wants of the little child just beginning its course. 
I do not mean to imply that Reading Charts ought to be dispensed with ; 
but where they are not at hand, and where the conditions for their use 
are not favorable, this first Reader will be suited to the child's wants. 

In adding the Graded Spelling Book and the Language Lessons to the 
list, and in the revision of the Readers the object has been to present a 
well-graded course which will lead the child naturally and easily to the 
more difficult branches of study and give him a relish for them when be 
reaches them, and at the same time not subject parents to expense in 
throwing aside old books and buymg new ones. The disposition we find 
so prevalent in this day of book-making, to change books, thereby add- 
ing unnecessary expense to the patrons of the schools should be dis- 
couraged. The books on our State list are good and well-arranged books, 
and the retail price is very low. A judicious use of these books, under 



49 



the supervision of a competent county superintendent, will bring results 
entirely satisfactory. 

I do not think it best to require all other books now in the hands of 
the ijupils to be discarded from the school-room under all circumstances. 

The Boa,rds of Education of tlie respective countieo are, however, re- 
quired, under section 2539 of the School Law, to see that when r.eic books 
are introduced into the schools, they shall be of the series recomm.ended. 
I call special attentipn to this duty. The object is to uniform the schools 
for the purpose of saving expense and economizing the time of the 
teachers. 

The original arrangement watli the publishing houses contemplated 
that the books recommended by the State Board of Education should be 
sold to the patrons of the schools at the retail prices named, but in many 
sections of the State they were in fact sold at figures much a.bove these 
prices. If the dealers secured the largest discounts allovred, they were 
compelled to make as many orders to supply themselves as there were 
publishing houses respresented on the list of books. This involved not 
only much trouble to the dealers and to the publishers, but it also in- 
volved much extra and unnecessary expense in freights, especially so 
when this mode of dealing caused the forwarding of a great many small 
packages by Exjpress. 

Under the arrangement to which most of the xjublishers represented 
on our hst have kindly consented, much of this trouble and extra ex- 
pense w^ill be avoided. The University Publishing Company, 19 Mui-ray 
Street, New York, have been named by the publishing houses having 
books on the list as deiDositaries for them. They will furnish order 
blanks, and these blanks will contain the names of all the books on our 
list which will be furnished by the depositaries upon the special terms. 

If these blanks are used, and the special requirements therein are com- 
plied with, a discount of twenty-five per cent, from the prices named on 
the blank will be allowed, less the small charge for shipping, as men- 
tioned on the blank, provided the reraittance is made with the order. 

It will be the duty of the Boards and the Superintendents to see that 
there are a,iways a sufiicient number of dealers handling the books in 
their respective counties, to put them really in easy reach of all the 
children at contract prices for cash, which prices are those named on the 
blanks. It is not expected that it will be difficult to have the books kept 
and sold at these prices, because the discount is made large enough to 
justify it; but, should it become necessary , the county officers may order 
and keep the books for sale on the same terms. 

There ought to be no objection to the use of the blanks — they are re- 
ally a convenience — nor to making the re:.-ii;t.",r.cc with the order. It is 
a compliance with these terms that secur. ; o favorable a discount to 
dealers and places the books in the hancr; of tlie children at sue!) lo-\v 
prices, thus saving thousands of dollars annually. If at any time you 



50 



should hare trouble to have the books kept, and sold at contract prices, 
please report to this office. Should there be any iniiuences against the 
use of the books recommended by the State Board, I will be obliged to 
you to report to me by whom they are used and what are the arguments 
urged. The Assemby ha,s shown from time to time that uniformity of 
text-books is intended and desired. In conformity with the action of 
the Assembly, the State Board of Education selected a series of good 
books, well a.dapted to our needs, and free from any objectionable senti- 
ments, so far as I have been able to learn; and most of the pubhshers of 
these books not only manifest a liberal spirit in the sale of the books, 
but a,lso endeavor to keep them up to the times by revisions as they may 
be needed. Let them be fully used in the pubhc schools. In these days 
of progress there is less slavish confinement to text-books than there 
formerly was ; and while books are necessary, the live, progressive 
teacher throws his individuality into his work and teaches subjects rather 
than books, according to the most approved methods and according to 
the conditions surrounding him. 

Very respectfully, your obedient servant, 

S. M. FINGER, 
State Superintendent of Public Instruction. 



LOCAL, ASSESSMENT ACT. 

This act is not republished here because the decision of 
the Supreme Court, in Puett vs. Commissioners of Gaston 
county, 94 N. C. Reports, in effect declares it unconstitutional. 



LIBRftRY OF CONGRESS 



020 312 202 



